When parents divorce, concerns often arise about where children will live and how parenting time will be shared. In Wisconsin, custody and placement disputes do not go directly to trial. State law requires most parents to attempt mediation as their first step.
Below are some key points to consider.
The law on mediation
Wisconsin law states that when parents cannot agree on legal custody or physical placement, the court must refer them to mediation through the county’s Family Court Services. A mediator is a neutral professional who helps parents communicate, identify issues and work toward a parenting plan. The mediator does not decide the case, but guides parents in shaping their own agreement.
When mediation may not be required
The court can excuse parents from mediation in some circumstances. Under the law, mediation may be waived if it would cause undue hardship, if there is evidence of child abuse or other domestic abuse or if a parent has issues that would make the process unsafe or ineffective. In such cases, the court may proceed directly to appoint a guardian ad litem or schedule a hearing.
Benefits of mediation
Mediation gives parents an opportunity to resolve disputes in a less adversarial setting than a courtroom. It is usually faster and less costly, and it can reduce conflict by keeping the focus on the child’s needs. Parents who create their own parenting plan are often more satisfied with the outcome and more likely to follow it than if were set by a judge.
If an agreement is reached, it is written down and submitted to the judge. Once approved, it becomes a binding court order. This process helps ensure that the plan is enforceable while giving responsible parents an active role in shaping their children’s future.